Martinez v. State

Full title: Nikki Martinez, Appellant, v. The State of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 9, 2011

77 So. 3d 706 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D11–2408.

2011-11-9

Nikki MARTINEZ, Appellant, v. The STATE of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Beth Bloom, Judge.Nikki Martinez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

PER CURIAM.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami–Dade County, Beth Bloom, Judge.Nikki Martinez, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

Before WELLS, C.J., and SHEPHERD and EMAS, JJ.

PER CURIAM.

Nikki Martinez appeals the denial of his motion to mitigate his sentence under Florida Rule of Criminal Procedure 3.800(c), titled Motion for Modification of Sentence under Rule 3.800, which sought to reduce his two-year prison sentence to 364 days in county jail, followed by probation. A trial court's denial of a motion to mitigate a sentence under Rule 3.800(c) is not appealable. See Concepcion v. State, 8 So.3d 1223, 1223 (Fla. 3d DCA 2009). Accordingly, we dismiss the appeal.

Appeal dismissed.